Microsoft starts EU legal defence

[Henk Elegeert]

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Microsoft starts EU legal defence
Computer giant Microsoft has told a European judge that it
should not have to share its technological secrets with its
rivals.

In March, the European Commission ordered the firm to share
details of its software systems after it was said to have
abused its monopoly position.

Microsoft is in court to have the ruling temporarily
suspended before it tries to permanently overturn it.

The software giant argues that the ruling will do it
irreparable damage.

'Unreasonable demand'

The March ruling included a 497m euro ($613m; £340m) fine.

Microsoft's attempt to have the ruling suspended is being
heard before the Court of First Instance in Luxembourg on
Thursday and Friday.

"This is the first time in competitive history that a
company has been ordered to draw up a description of secret
technology and deliver it to its competitors," Microsoft
lawyer Ian Forrester said before the Court of First Instance
in Luxembourg.

Yet speaking in court against Microsoft, one of its software
competitors - Samba - said that in the past Microsoft had
freely shared details of its core software systems or protocols.

"The protocols are not secret because they're valuable;
they're valuable because they're secret," said Samba
co-creator Jeremy Allison.

He said that each time Microsoft updates its products, it
can tweak the protocols so others cannot use them.

"Microsoft builds on the work of others but makes small but
critical changes," said Mr Allison, comparing it to a
telephone company that will not tell competitors how to dial
phone numbers.

Legal marathon?

The Court of First Instance's decision is expected to be
delivered in a matter of weeks.

Whatever its verdict Microsoft will continue with its legal
appeal to have the ruling permanently overturned, a case
which is expected to last up to three years.

In its March ruling, the European Commission also said
Microsoft must provide a pared-down version of its Windows
operating system, minus its own media player, so that rival
systems such as RealNetworks have a greater chance of being
used.

This matter will be heard before the Court of First Instance
on Friday.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/business/3703316.stm

Published: 2004/09/30 10:56:15 GMT

© BBC MMIV

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